Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: privates on September 18, 2023, 08:30:55 pm
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Get photos of the layout of the signage at the site (or the lack thereof), showing that it was not prominent nor readily visible to drivers entering the site
Any photos showing this?
https://ibb.co/Q61ZtPf
https://ibb.co/NxMS4QF
https://ibb.co/ZLwKggF
https://ibb.co/YpnX6wJ
https://ibb.co/gydkp3g
https://ibb.co/MptRBqD
https://ibb.co/PNkpD0n
https://ibb.co/vPSPZ7g
https://ibb.co/5WBKKwQ
Here is the layout of the signs
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There was signs alongside the whole of the road on the right hand side on the wooden fences, I can get a picture of them tomorrow but I don't think it'll be arguable that they are not visible.
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Get photos of the layout of the signage at the site (or the lack thereof), showing that it was not prominent nor readily visible to drivers entering the site
Any photos showing this?
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Hi,
here is a picture of the signs along the route of this road - https://ibb.co/gDCxTGN
thank you.
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At risk of stating the obvious, if returning to the site, it might be wise to do so on foot!
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How to pursue your options:
- Pay - self explanatory
- Find a legal reason why nothing may be owed which could be
- Signage not 'there to be seen' referencing the the relevant code of practice - Get photos of the layout of the signage at the site (or the lack thereof), showing that it was not prominent nor readily visible to drivers entering the site
- That the signage didn't/couldn't create a contract - get close up photos of the signs at the site showing the terms and conditions. We can then advise whether or not they could create a contract (this is the 'forbidding signage' point I mentioned in a previous reply)
- They don't have the landowners consent to take the action they are taking - you'd need to appeal, and then go to the IAS appeal stage for this, and put them to proof that they have a valid contract from the landowner. Without any stronger appeal points this would be something of a gamble
I will pop by the location and get some photos of what is mentioned above
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Just for clarity, only a court can make you pay, that they and the IAS may reject your appeals doesn't mean you have been show to owe anything.
If no appeal is upheld you can then pay or see if they want to raise a court claim giving you the option to defend the matter in court (where you have a better chance of success than at the IAS).
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How to pursue your options:
- Pay - self explanatory
- Find a legal reason why nothing may be owed which could be
- Signage not 'there to be seen' referencing the the relevant code of practice - Get photos of the layout of the signage at the site (or the lack thereof), showing that it was not prominent nor readily visible to drivers entering the site
- That the signage didn't/couldn't create a contract - get close up photos of the signs at the site showing the terms and conditions. We can then advise whether or not they could create a contract (this is the 'forbidding signage' point I mentioned in a previous reply)
- They don't have the landowners consent to take the action they are taking - you'd need to appeal, and then go to the IAS appeal stage for this, and put them to proof that they have a valid contract from the landowner. Without any stronger appeal points this would be something of a gamble
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Any advice on how to pursue any of these?
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Options
1/ Pay
2/ Find a legal reason why nothing may be owed which could be
a) Signage not 'there to be seen' referencing the the relevant code of practice
b) That the signage didn't/couldn't create a contract
c) They don't have the landowners consent to take the action they are taking.
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Doesn't make a difference then. What are my options if any?
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The 'entrance' time is listed as 22:11 and the 'exit' time as 23:12. Do you dispute these times?
If not, then it'll be extremely hard to argue that the car was not parked, if it was there for an hour. Not leaving the car does not on its own mean the car was not parked.
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On the date of being here I do remember not leaving the vehicle unattended and being at the vehicle at all times as there isn't any parking on this road either. I don't think this makes it valid..
What do you recommend?
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No signs ect.
Any photos to show this? If you're going to try to challenge the matter on the basis of no (or insufficient) signage, then you'll need to be able to evidence this.
From a quick look at Google Street View the road in question does appear to have some signage https://maps.app.goo.gl/1hFKAKvVTW7QrKE67 (https://maps.app.goo.gl/1hFKAKvVTW7QrKE67), but one sign on its own could certainly be argued to be insufficient, if you can show there were no others, or they were all poorly placed/not readily visible.
'No Unauthorised Parking' is also interesting - depending on what the other signs say (if present), there could be an argument here about the signage being forbidding, and therefore not being capable of creating a contract.
So that you are going into this with your eyes open, neither PCM, nor the IAS are likely to uphold your appeals, so if you want to fight this all the way you'll need to be prepared to go to court.
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Hi,
Received a fine from ' pcm ' regarding 'staying in area managed by Parking Control Management' for a hour.
Photos include two dark pictures of vehicle from anpr. No signs ect.
https://ibb.co/tQMvWBk